Changes in Regular Bail Provision in the BNSS
In the previous article, we introduced the changes in bail provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS), also known as the New CrPC. We discussed the newly introduced definitions of “bail”, “bail bond”, and “bond”, and the changes made concerning undertrial prisoners. In this article, we will delve deeper into the changes in the regular bail provision under the BNSS.
Changes in Regular Bail Provision under BNSS
The BNSS has made a significant change in the regular bail provision. In the existing law, the need for police custody beyond the first fifteen days is not a ground to deny bail. However, the new law states that if the court finds that the custody of the accused required for identifying the witnesses during the investigation is more than the first fifteen days, the accused shall be entitled to regular bail.
This change is reflected in Proviso 3 of Section 480 of BNSS, which deals with when bail can be taken in case of a non-bailable offense. It states that the mere fact that an accused person may be required to be identified by witnesses during an investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.
Impact of the Changes
This change in the regular bail provision has significant implications. It provides a clear timeline for the police custody required for identifying witnesses during the investigation, thereby preventing indefinite detention of the accused. It also ensures that the rights of the accused are protected while maintaining the effectiveness of the legal process.
This article provided a detailed analysis of the changes brought in the regular bail provision under the BNSS. The introduction of a clear timeline for police custody required for identifying witnesses during the investigation represents a significant shift in the legal process. In the next article, we will discuss the changes in the anticipatory bail provision under the BNSS. Stay tuned for more insights into this important legal reform.